Senate Majority Leader Bill Frist is attempting to frame the debate about President Bush's ten judicial nominees in religious terms: "The filibuster was once abused to protect racial bias, and it is now being used against people of faith," he said of Democratic threats to use a filibuster to block Bush judicial nominees.
Are Democrats really attempting to block religious nominees in order to keep godless communists in charge of the judiciary, or are there real problems with the ten nominees that Senate Democrats are blocking? Keep in mind that U.S. federal court postings are for life.
Terrence Boyle, nominated to U.S. Court of Appeals for the Fourth Circuit [MD, SC, NC, VA, WV]
Currently a U.S. District Court judge and a former aide to Senator Jesse Helms, Boyle has a history of judicial opinions that are damaging to individual liberty, says People for the American Way. An unusually high percentage of decisions (over 150) have been reversed by higher courts for violating procedural rules and ignoring precedent and clear statutory guidelines. He has repeatedly shown disdain for discrimination laws, suggesting that state and federal governments should not be bound by anti-discrimination laws, including the Americans with Disabilities Act (ADA).
Janice Rogers Brown, nominated to U.S. Court of Appeals for the District of Columbia Circuit
A black woman currently a California State Supreme Court justice, was "found unqualified by the state bar evaluation committee, based not only on her relative inexperience but also because she was 'prone to inserting conservative political views into her appellate opinions'" when she was nominated to the California State Supreme Court in 1996. She has sarcastically called the New Deal "the triumph of our socialist revolution." She is frequently the lone dissenter in California State Supreme Court opinions.
Richard Griffin, nominated to U.S. Court of Appeals for the Sixth Circuit [KY, MI, OH, TN]
As a judge in the Michigan Court of Appeals for the Fourth Circuit, Griffin ruled against striking workers who were being replaced by permanent workers, saying that they were ineligible for employment benefits under state law (Wohlert Special Products, Inc. v. Michigan Employment Security Commission, 527 N.W.2d 514 [Mich. 1994]). In another opinion (Doe and Roe v. Michigan Dept. of Corrections, 601 N.W.2d 696 [Mich. App. 1999]), Griffin suggested that Congress should pass a law invalidating a U.S. Supreme Court decision which held that the ADA applies to state and federal prisons and prisoners.
David McKeague, nominated to U.S. Court of Appeals for the Sixth Circuit
Currently a U.S. District Court judge, McKeague has been reversed several times in environmental matters, including a 2003 case (Northwood Wilderness Recovery, Inc., v. U.S. Forest Service, 323 F.3d 405 [6th Cir. 2003]) where he was unanimously overruled by the Sixth Circuit Court for approving a logging project with the environmental analysis required by law.
Thomas Griffith, nominated to U.S. Court of Appeals for the District of Columbia
Formerly a legal counsel to the U.S. Senate, Griffith is currently the general counsel for Brigham Young University. He has no experience as a judge at any level and practices law in Utah without a license (his license, from the District of Columbia, is currently suspended for not paying dues). He has a hostility for portions of Title IX, the legislation which mandates equal treatment of men and women in college athletics.
William Haynes, nominated to U.S. Court of Appeals for the Fourth Circuit
Haynes also has no experience as a judge at any level, as well as little to no experience in the courtroom. He is currently General Counsel to the Department of Defense. As counsel for the DOD, he "signed a memo that appeared to justify torture of POWs and suggest that the president could override federal law" and was responsible for drafting rules for military tribunals. He suggested the Hamdi and Padilla -- both U.S. citizens -- could be held indefinitely as enemy combatants.
William Myers, III, nominated to U.S. Court of Appeals for the Ninth Circuit [AK, CA, HI, ID, MT, NV, OR, WA]
Myers is a former lobbyist and lawyer for grazing and mining interests and was later Solicitor General for the Department of the Interior and Executive Director of the Public Lands Council. Like Haynes and Griffith, he has no experience as a judge at any level and has never participated in a jury trial. The American Bar Association (ABA) gave Myers its lowest passing rating of qualification for a federal court posting. He has "advocated extreme-right positions on Native American and environmental issues, often in contravention of accepted law."
Priscilla Owen, nominated to U.S. Court of Appeals for the Fifth Circuit [LA, MS, TX]
Currently a justice on the Texas Supreme Court, Owen is notorious for arguing for an interpretation of a Texas law in 2000 that would make it nearly impossble for a girl to obtain a court order allowing her to get an abortion without parental permission. Current U.S. Attorney General Alberto Gonzales, then her colleague on the Texas Supreme Court, said her interpretation was "an unconscionable act of judicial activism."
William Pryor, nominated to U.S. Court of Appeals for the Eleventh Circuit [AL, FL, GA]
Very hostile to abortion rights. Quotes from him: "I will never forget January 22, 1973, the day seven members of our highest court ripped the Constitution and ripped out the life of millions of unborn children"; "The Constitution says nothing about a right to abortion"; and, regarding Roe v. Wade, "the worst abomination of constitutional law in our history." While the Attorney General of Alabama, Pryor supported an amicus brief supporting a Colorado voter initiative that would have prohibited local governments from enacting laws protecting gays and lesbians from discrimination. Also filed an amicus brief supporting the state of Texas in Lawrence v. Texas.
Henry Saad, nominated to U.S. Court of Appeals for the Sixth Circuit
Currently a judge with the Michigan Court of Appeals, he has a trend of writing opinions against workers in harassment, wrongful termination, injury, or whistleblowing suits. In other suits where corporations are the defendants, he usually finds in favor of the corporation.
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Of the ten nominees, then, five have demonstrated very conservative voting records, one has demonstrated pretty conservative voting records (Saad), three (Griffith, Haynes, and Myers) are outright unqualified to be federal court judges, and one (Boyle) has questionable qualifictions. Perhaps the Democrats aren't as crazy as we've been led to believe. Also remember that U.S. Circuit Court postings are a stepping-stone to the Supreme Court.
Republicans criticize the Democrats for holding up Senate approval of these ten judges, who have gone through the committee approval process and await approval by the full Senate, but they disregard their own history. The Senate has approved 205 Bush judicial nominees, more than the Republicans let through by the same time during Clinton's administration. But the Republicans have been so used to getting their own way for the last four years, they would rather have a televised temper-tantrum this Sunday than compromise on the ten most conservative (and unqualified) federal court nominees.
Sources
http://www.chron.com/cs/CDA/ssistory.mpl/editorial/outlook/3145351
http://www.independentjudiciary.com/news/clip.cfm?NewsClipID=147
http://www.independentjudiciary.com/nominees/nominee.cfm?NomineeID=46
http://www.independentjudiciary.com/nominees/nominee.cfm?NomineeID=73
http://www.independentjudiciary.org/nominees/nominee.cfm?NomineeID=76
http://www.independentjudiciary.com/nominees/nominee.cfm?NomineeID=83
http://www.independentjudiciary.com/resources/docs/haynes_final%20report.pdf
http://www.independentjudiciary.com/resources/docs/saad_report.pdf
http://www.pfaw.org/pfaw/general/default.aspx?oid=16407
http://www.pfaw.org/pfaw/general/default.aspx?oid=17979
http://www.pfaw.org/pfaw/general/default.aspx?oid=18100
http://saveourcourts.civilrights.org/nominees/details.cfm?id=28490
http://www.usdoj.gov/olp/griffith.htm